Gang-Related Legislation by State Index

Delaware

Carjacking (view all states for this subject)

Delaware 11 § 835. Carjacking in the Second Degree; Class E Felony; Class D Felony.

(a) A person is guilty of carjacking in the second degree when that person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress, or otherwise without the permission of the other person.

(b) (1) Except as provided in paragraph (2) of this subsection, carjacking in the second degree is a class E felony.

(2) Carjacking in the second degree is a class D felony if the elements of subsection (a) of this section are met and if, while in possession or control of the vehicle, the person:

a. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; or

b. Compels a lawful occupant of the vehicle to leave the vehicle; or

c. Causes the vehicle to be operated recklessly.

(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.

(d) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.

Delaware 11 § 836. Carjacking in the First Degree; Class C Felony; Class B Felony.

(a) A person is guilty of carjacking in the first degree when the person knowingly and unlawfully takes possession or control of a motor vehicle from another person or from the immediate presence of another person by coercion, duress, or otherwise without the permission of the other person, and:

(1) While in possession or control of such vehicle the person commits or attempts to commit a class D or greater felony; or

(2) While in possession or control of such vehicle the person drives or operates the vehicle in violation of § 4177 of Title 21; or

(3) While in possession or control of such vehicle the person commits any offense set forth in Chapter 47 of Title 16; or

(4) While in possession or control of such vehicle or while in the course of taking or attempting to take possession or control of such vehicle the person displays what appears to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon.

(5) While in possession or control of such vehicle the person causes physical injury to another person; or

(6) The person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, is 62 years of age or older or 14 years of age or younger.

(b) Carjacking in the first degree as defined in paragraphs (a)(1), (a)(2), and (a)(3) of this section is a class C felony. Carjacking in the first degree as defined in paragraphs (a)(4), (a)(5), and (a)(6) of this section is a class B felony.

(c) It is no defense to a prosecution under this section that the offender did not physically drive or operate the motor vehicle, nor is it a defense under this section that the offender did not intend to permanently deprive the owner or another person of the use of the vehicle.

(d) It is no defense to a prosecution under paragraph (a)(6) of this section that the accused did not know the age of the person from whom possession or control of the vehicle is taken, or an occupant or passenger of such vehicle, or that the accused reasonably believed such person to be under the age of 62 or over the age of 14.

(e) For the purpose of any prosecution under paragraph (a)(5) of this section, it is unnecessary to prove the accused's state of mind with regard to causation of physical injury, notwithstanding the provisions of § 251 or § 252 of this title or any other statute to the contrary.

(f) This section is not a related or included offense of § 831 or § 832 of this title. Nothing in this section shall be deemed to preclude prosecution under any other provision of this Code.

Enhanced Penalties—Sentencing (view all states for this subject)

Delaware 11 § 616. Gang Participation

(a) Definitions. The following terms shall have the following meaning as used in this section.

(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:

a. Assault, as defined in Section 612 or 613 of this title.

b. Any criminal acts causing death as defined in Sections 632–636 of this title.

c. Any criminal acts relating to sexual offenses defined in Sections 768–780 of this title.

d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in Sections 782–783A of this title.

e. Any criminal acts of arson as defined in Sections 801–803 of this title.

f. Any criminal acts relating to burglary which are defined in Sections 824–826A of this title.

g. Any criminal acts relating to robbery which are defined in Sections 831 and 832 of this title.

h. Any criminal acts relating to theft or extortion which are defined in Section 841, 849, or 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.

i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking, or bombs which are defined in Section 1302, 1303 [repealed], 1304, 1312A, or 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.

j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in Section 1442, 1444, 1447–1448, 1449, 1450, 1451, 1454, or 1455 of this title.

k. Any criminal acts involving controlled substances which are defined by Section 4752, 4753, 4754, 4755, 4756, 4757(c), of Title 16.

(b) Forbidden conduct. A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers, or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law shall be guilty of illegal gang participation. Illegal gang participation is a Class F felony.

(c) Sentencing enhancements.

(1) Any person who is convicted of a Class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class D felony under Section 4205(b)(4) of this title.

(2) Any person who is convicted of a Class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class C felony under Section 4205(b)(3) of this title.

(3) Any person who is convicted of a Class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class B felony under Section 4205(b)(2) of this title.

Gang Participation (view all states for this subject)

Delaware 11 § 616. Gang Participation

(a) Definitions. The following terms shall have the following meaning as used in this section.

(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:

a. Assault, as defined in Section 612 or 613 of this title.

b. Any criminal acts causing death as defined in Sections 632–636 of this title.

c. Any criminal acts relating to sexual offenses defined in Sections 768–780 of this title.

d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in Sections 782–783A of this title.

e. Any criminal acts of arson as defined in Sections 801–803 of this title.

f. Any criminal acts relating to burglary which are defined in Sections 824–826A of this title.

g. Any criminal acts relating to robbery which are defined in Sections 831 and 832 of this title.

h. Any criminal acts relating to theft or extortion which are defined in Section 841, 849, or 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.

i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking, or bombs which are defined in Section 1302, 1303 [repealed], 1304, 1312A, or 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.

j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in Section 1442, 1444, 1447–1448, 1449, 1450, 1451, 1454, or 1455 of this title.

k. Any criminal acts involving controlled substances which are defined by Section 4752, 4753, 4754, 4755, 4756, 4757(c), of Title 16.

(b) Forbidden conduct. A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers, or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law shall be guilty of illegal gang participation. Illegal gang participation is a Class F felony.

(c) Sentencing enhancements.

(1) Any person who is convicted of a Class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class D felony under Section 4205(b)(4) of this title.

(2) Any person who is convicted of a Class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class C felony under Section 4205(b)(3) of this title.

(3) Any person who is convicted of a Class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class B felony under Section 4205(b)(2) of this title.

Gang Recruitment, Threats, Intimidation (view all states for this subject)

Delaware 11 § 617. Criminal Youth Gangs

(a) Definitions. -- The following words, terms, and phrases, when used in this chapter, shall have their meanings ascribed to them except where the context clearly indicates a different meaning.

(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in, or requires as a condition of membership submission to group initiation that results in any felony or any Class A misdemeanor set forth in this title or Title 16.

(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.

(3) "Student" shall mean any person enrolled in a school grades preschool through 12.

(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties.

(1) Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a Class G felony.

(2) Any person who,

a. In order to encourage a juvenile or student to:

1. Join a criminal youth gang or criminal street gang,

2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or

3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or

b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, or their property, a member of that juvenile’s family or household, or their property shall be guilty of a Class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

Gang-Related Definitions (view all states for this subject)

Delaware § 7103. Definitions

As used in this chapter, unless the context indicates differently:

(1) “Adverse impact” means the presence of one or more of the following conditions:

a. Diminished real property value related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances in or near the property;

b. Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to the presence of nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

c. Increased volume of vehicular and pedestrian traffic to and from the property that is related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

d. An increase in the number of police calls to the property that are related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

f. The presence, use, or display or discharge of illegal firearms at or near the property;

h. Arrests of persons on or near the property for criminal conduct relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

i. Search warrants served or executed at the property relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

j. A substantial number of complaints made to law enforcement and other government officials regarding nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

k. Increased number of housing or health code violations relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

(4) “Criminal gangs” means any criminal street gangs or youth gangs as defined in Sections 616-617 of Title 11. “Pattern of criminal gang activity” shall have the same meaning as defined in Section 616(a)(2) of Title 11.

(5) “Criminal nuisance” means any real property at which:

a. An illegal drug event has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

b. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, storing or delivery of ammunition or firearms has occurred, or any act or acts which constitute any felony set forth in Subpart E of Subchapter VII of Chapter 5 of Title 11 of the Delaware Code or an unlawful attempt or conspiracy to commit such an act; or

d. Criminal gangs are engaging in a pattern of criminal gang activity; or

e. An act that would constitute a violent felony, as defined by Section 4201(c) of Title 11 of the Delaware Code, has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

f. A material annoyance, inconvenience, discomfort, or a tangible injury occurs to neighboring properties or persons, and which a court considers objectionable under the circumstances, or any other public nuisance defined by state or municipal codes or Delaware law.

Delaware 11 § 616. Gang Participation

(a) Definitions. The following terms shall have the following meaning as used in this section.

(1) "Criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as 1 of its primary activities the commission of one or more of the criminal acts enumerated in paragraph (a)(2) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(2) "Pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, solicitation of, or conviction of 2 or more of the following criminal offenses, provided that at least 1 of these offenses occurred after July 1, 2003, and that the last of those offenses occurred within 3 years after a prior offense, and provided that the offenses were committed on separate occasions, or by 2 or more persons:

a. Assault, as defined in Section 612 or 613 of this title.

b. Any criminal acts causing death as defined in Sections 632–636 of this title.

c. Any criminal acts relating to sexual offenses defined in Sections 768–780 of this title.

d. Any criminal offenses relating to unlawful imprisonment or kidnapping which are defined in Sections 782–783A of this title.

e. Any criminal acts of arson as defined in Sections 801–803 of this title.

f. Any criminal acts relating to burglary which are defined in Sections 824–826A of this title.

g. Any criminal acts relating to robbery which are defined in Sections 831 and 832 of this title.

h. Any criminal acts relating to theft or extortion which are defined in Section 841, 849, or 851 of this title, provided that such acts meet the requirements of felony offenses under said sections.

i. Any criminal acts relating to riot, unlawful disruption, hate crimes, stalking, or bombs which are defined in Section 1302, 1303 [repealed], 1304, 1312A, or 1338 of this title, provided that such acts meet the requirements of felony offenses under said sections.

j. Any criminal acts involving deadly weapons or dangerous instruments which are defined in Section 1442, 1444, 1447–1448, 1449, 1450, 1451, 1454, or 1455 of this title.

k. Any criminal acts involving controlled substances which are defined by Section 4752, 4753, 4754, 4755, 4756, 4757(c), of Title 16.

(b) Forbidden conduct. A person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and who knowingly promotes, furthers, or assists in any criminal conduct by members of that gang which would constitute a felony under Delaware law shall be guilty of illegal gang participation. Illegal gang participation is a Class F felony.

(c) Sentencing enhancements.

(1) Any person who is convicted of a Class E felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class D felony under Section 4205(b)(4) of this title.

(2) Any person who is convicted of a Class D felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class C felony under Section 4205(b)(3) of this title.

(3) Any person who is convicted of a Class C felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced consistent with the sentence dictated by Delaware law for a Class B felony under Section 4205(b)(2) of this title.

Delaware 11 § 617. Criminal Youth Gangs

(a) Definitions. -- The following words, terms, and phrases, when used in this chapter, shall have their meanings ascribed to them except where the context clearly indicates a different meaning.

(1) "Criminal youth gang" shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in, or requires as a condition of membership submission to group initiation that results in any felony or any Class A misdemeanor set forth in this title or Title 16.

(2) "Identifier" shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership.

(3) "Student" shall mean any person enrolled in a school grades preschool through 12.

(b) Recruitment or retention of juveniles or students for a criminal street gang or criminal youth gang; penalties.

(1) Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile or student to participate in or be come a member of a criminal street gang as defined in § 616(a) of this title or criminal youth gang is guilty of a Class G felony.

(2) Any person who,

a. In order to encourage a juvenile or student to:

1. Join a criminal youth gang or criminal street gang,

2. Remain as a participant in or a member of a criminal youth gang or criminal street gang, or

3. Submit to a demand by a criminal youth gang or criminal street gang to commit a crime; or

b. In order to prevent a juvenile or student from withdrawing or attempting to withdraw from a criminal youth gang or criminal street gang threatens to commit any crime likely to result in death or in physical injury to the juvenile, the juvenile’s property, a member of that juvenile’s family or household, or their property; or commits a crime which results in physical injury or death to the juvenile, or their property, a member of that juvenile’s family or household, or their property shall be guilty of a Class F felony and shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

Gangs and Schools (view all states for this subject)

Delaware 14 § 4123A. School Bullying Prevention and Criminal Youth Gang Detection Training.

(a) Each school district and charter school shall ensure that its public school employees receive combined training each year totaling 1 hour in the identification and reporting of criminal youth gang activity pursuant to § 617 of Title 11 and bullying prevention pursuant to § 4112D of this title. The training materials shall be prepared by the Department of Justice and the Department of Education in collaboration with law enforcement agencies, the Delaware State Education Association, the Delaware School Boards Association, and the Delaware Association of School Administrators.

Gangs and Weapons (view all states for this subject)

Delaware § 7103. Definitions

As used in this chapter, unless the context indicates differently:

(1) “Adverse impact” means the presence of one or more of the following conditions:

a. Diminished real property value related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances in or near the property;

b. Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to the presence of nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

c. Increased volume of vehicular and pedestrian traffic to and from the property that is related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

d. An increase in the number of police calls to the property that are related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

f. The presence, use, or display or discharge of illegal firearms at or near the property;

h. Arrests of persons on or near the property for criminal conduct relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

i. Search warrants served or executed at the property relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

j. A substantial number of complaints made to law enforcement and other government officials regarding nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

k. Increased number of housing or health code violations relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

(4) “Criminal gangs” means any criminal street gangs or youth gangs as defined in Sections 616-617 of Title 11. “Pattern of criminal gang activity” shall have the same meaning as defined in Section 616(a)(2) of Title 11.

(5) “Criminal nuisance” means any real property at which:

a. An illegal drug event has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

b. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, storing or delivery of ammunition or firearms has occurred, or any act or acts which constitute any felony set forth in Subpart E of Subchapter VII of Chapter 5 of Title 11 of the Delaware Code or an unlawful attempt or conspiracy to commit such an act; or

d. Criminal gangs are engaging in a pattern of criminal gang activity; or

e. An act that would constitute a violent felony, as defined by Section 4201(c) of Title 11 of the Delaware Code, has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

f. A material annoyance, inconvenience, discomfort, or a tangible injury occurs to neighboring properties or persons, and which a court considers objectionable under the circumstances, or any other public nuisance defined by state or municipal codes or Delaware law.

Graffiti (view all states for this subject)

Delaware 11 § 812. Graffiti and Possession of Graffiti Implements; Class G Felony; Class A Misdemeanor; Class B Misdemeanor

(a)(1) A person is guilty of the act of graffiti when the person intentionally, knowingly or recklessly draws, paints, etches or makes any significant mark or inscription upon any public or private real or personal property without the permission of the owner.

(2) Graffiti is a class A misdemeanor, unless the property damage caused thereby exceeds $1500, in which case it is a class G felony. The penalty for graffiti shall include a minimum fine of not less than $1000 which shall not be subject to suspension, restitution for damages to the property and 250 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of an act of graffiti. The minimum fine shall also be double, and may not be suspended, for a first, second, or subsequent conviction of an act of graffiti which is performed on or along a Delaware byway, as defined in § 101 (a)(9) of Title 17.

(b)(1) A person is guilty of possession of graffiti implements when the person possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evidencing an intent to use the same in order to commit an act of graffiti or damage such property.

(2) Possession of graffiti implements is a class B misdemeanor. The penalty for possession of graffiti implements shall include a minimum fine of not less than $500 which shall not be subject to suspension, restitution for damages to the property and 100 hours of community service, at least half of which shall be served removing graffiti on public property. The minimum fine and community service hours shall be doubled for a second or subsequent conviction of possession of graffiti implements.

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Delaware § 7103. Definitions

As used in this chapter, unless the context indicates differently:

(1) “Adverse impact” means the presence of one or more of the following conditions:

a. Diminished real property value related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances in or near the property;

b. Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to the presence of nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

c. Increased volume of vehicular and pedestrian traffic to and from the property that is related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

d. An increase in the number of police calls to the property that are related to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

f. The presence, use, or display or discharge of illegal firearms at or near the property;

h. Arrests of persons on or near the property for criminal conduct relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

i. Search warrants served or executed at the property relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

j. A substantial number of complaints made to law enforcement and other government officials regarding nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

k. Increased number of housing or health code violations relating to nuisances associated with drug activity, illegal firearms, criminal gangs, violent felonies, prostitution, and other public nuisances;

(4) “Criminal gangs” means any criminal street gangs or youth gangs as defined in Sections 616-617 of Title 11. “Pattern of criminal gang activity” shall have the same meaning as defined in Section 616(a)(2) of Title 11.

(5) “Criminal nuisance” means any real property at which:

a. An illegal drug event has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

b. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, storing or delivery of ammunition or firearms has occurred, or any act or acts which constitute any felony set forth in Subpart E of Subchapter VII of Chapter 5 of Title 11 of the Delaware Code or an unlawful attempt or conspiracy to commit such an act; or

d. Criminal gangs are engaging in a pattern of criminal gang activity; or

e. An act that would constitute a violent felony, as defined by Section 4201(c) of Title 11 of the Delaware Code, has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

f. A material annoyance, inconvenience, discomfort, or a tangible injury occurs to neighboring properties or persons, and which a court considers objectionable under the circumstances, or any other public nuisance defined by state or municipal codes or Delaware law.


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